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SC restraint on discharge of SSC women officers pending their claim

The court on March 17 had upheld the women officers’ right for a level-playing field in the Defence Services to overcome “histories of discrimination”.  

The court had earlier said they should be considered for the grant of permanent commissions

The Supreme Court on Tuesday restrained the government from discharging Short Service Commission (SSC) women officers in the Navy from service pending consideration of their claims for grant of Permanent Commission (PC).

The court on March 17 had upheld the women officers’ right for a level-playing field in the Defence Services to overcome “histories of discrimination”.

The apex court had said women officers in the Short Service Commission, serving in the field of education, law and logistics cadres of the Navy, should be considered for the grant of permanent commissions. It had given three months’ time to Centre to complete the modalities.

On Tuesday, a Bench of Justices D.Y. Chandrachud and K.M. Joseph found, through a petition filed by petitioner Rupali Rohatgi, that the Centre was yet to fully comply with the March 17 verdict.

Advocate Santosh Krishnan, appearing for Ms. Rohatgi, said this exercise had not been initiated beyond inviting applications and completed.

Recording the statements of the petitioner, the Bench observed in its order that “prima facie, the Union of India having failed to comply with the directions contained in the judgment of this Court dated March 17, 2020 which mandated consideration for the grant of Permanent Commission within three months, it would be unfair to discharge the Short Service Commissioned officers in the meantime, pending consideration”.

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